g.n. no. 149 (contd.) government notice no. 149 published …tanzania.eregulations.org/media/general...

The Occupational Safety And Health (General Administrative)

Rules, 2015 G.N. No. 149 (contd.)

30

GOVERNMENT NOTICE No. 149 published on 03/04/2015

THE OCCUPATIONAL SAFETY AND HEALTH

ACT,

(CAP. 297)

_______

RULES

_______

(Made under section 109)

_________

THE OCCUPATIONAL SAFETY AND HEALTH

(GENERAL ADMINISTRATIVE) RULES, 2015

ARRANGEMENT OF SECTIONS

Rule Title

1. Citation and Commenceent

2. Interpretation.

3. Application for registration.

4. Inquiries on data.

5. Compliance.

6. Private occupational safety and health

services delivery.

7. Occupational safety and health services

provided by the authority.

8. Approved inspection authority.

9. Register.

10. Certificate of appointment.

11. Duty of employer.

12. General inspection procedures.

13. Intoxication.

14. Admittance of persons.

15. Exemption.

16. Health and safety committees.

17. Handling of hazardous chemicals substances.



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18. Witness at formal inquiry.

19. Display of substituted notices and signs.

20. Compound of offences.

21. Repeal GN. No. 111 of 2001.

_______________

SCHEDULES ________________



32

THE OCCUPATIONAL SAFETY AND HEALTH ACT,

(CAP. 297)

_______

RULES

_______

(Made under section 109)

_________

THE OCCUPATIONAL SAFETY AND HEALTH (GENERAL

ADMINISTRATIVE) RULES, 2015

Citation

1. These rules may be cited as the Occupational

Safety and Health (General Administrative) rules, 2015. Interpretation 2. In these rules unless the context requires

otherwise- Cap.297 “Act” means the Occupational Safety and Health Act; “Authority” means the Occupational Safety and Health

Authority; “occupational safety and health private providers” means

persons appointed by the Chief Inspector to provide

private occupational safety and health services and

who is not in the service of the Government; “lifting appliances” include cranes, chain blocks, forklifts,

wire ropes, chain slings; and “Pressure vessels” includes steam boiler, hot water boiler,

steams receiver, air receiver, sterilizer, steam jacket,

auto clave, vessel or similar apparatus other than a

boiler that may be used for handling gas, fluid or

solid that is normally operated under pressure. Application for

registration 3.-(1) An application for registration of the

workplace shall be-

(a) made by filling OSHA form 1(a) for building

operations or works of engineering

construction sites and OSHA 1(b) for other

workplaces; and



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(b) Submitted to the Authority within seven days

upon payment of application fees as set out in

the First Schedule. (2) Upon grant, the applicant shall pay prescribed

registration fees as set out in the First schedule. (3) Where the application under this rule is refused,

the Chief Inspector shall state the reasons for the refusal. Inquiries on data

4. The Authority may inquire in writing from any

other authority or institution dealing with the core activities

of the workplace on the information declared by the

applicant. Compliance 5. Where the applicant fails to satisfy the

requirements as set out under the Act, the inspector shall

recommend to the Chief Inspector not to issue the license

or to withdraw compliance license and to stop activities

until the requirements are complied with. Private

occupational

safety and health

services delivery

6.-(1) The Chief Inspector may appoint a competent

person to deliver the occupational safety and health

services after fulfilling the necessary requirements and

shall be re applied for every twenty four months upon

payment of registration fee as set out in the First Schedule. (2) Every person intending to deliver occupational

safety and health services shall apply in writing to the

Chief Inspector. (3) The Chief Inspector may reject an application

referred in sub-section (1) where the applicant does not

fulfil the necessary requirements. (4)The Chief Inspector may revoke a certificate of

appointment in case of any misconduct by a holder of the

said certificate. Occupational

safety and health

services

provided by the

Authority

7.-(1)The Authority may provide occupational

safety and health services which includes-

(a) examination of pressure vessels;

(b) examination of lifting equipment;



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(c) electrical inspection; (d) occupational health services; (e) occupational hygiene measurements; (f) risk assessment; (g) scrutiny of industrial drawings and plans; (h) accidents investigation; (i) occupational safety and health impact

assessment; (j) occupational safety and health post-tender

qualification; (k) ergonomics inspection; (l) approval of training manual in occupational

safety and health; (m) consultancy; (n) specific medical tests; (o) training in OSH; (p) Safety in gas installation; and (q) any other occupational safety and health

services approved by the authority. (2) The fees for occupational safety and health

services and any other fees required under the Act, shall be

as prescribed in the First Schedule. (3) Fees for occupational safety and health services

rendered by the Authority shall be payable within thirty

days from the date of issuance of the bill, failure of which,

a daily penalty of five percent shall be charged. (4) Any person who delivers occupational safety

and health services under these rules shall be required to

submit a report in writing to the recipient of the services,

the Chief Inspector and keep record for further reference

and action on the workplace inspected. (5) the employer shall be liable for a penalty

equivalent to twice the services fee mentioned under sub

rule (2) where an inspector or authorized officer is

requested to provide any occupational safety and health

services at a certain time and is unable to do so because of

lack of preparation on the part of the occupier or employer.



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Approved

inspection

authority

8.-(1)The Chief Inspector may approve any

organization which performs the prescribed functions with

regard to the manufacture or testing of electrical machinery

or any other occupational health and safety services as an

inspection authority.

(2) The Chief Inspector may require an

organization contemplated in terms of sub-rule(1) to

submit such particulars of its technical equipment and

resources, the extent of the qualifications and experience of

its staff and such matters as he may deem necessary.

(3) The Chief Inspector may withdraw any approval

of an inspection authority at any time.

Certificate of

appointment 9. Inspectors appointed by the Chief Inspector

under section 5 of the Act and approved under rule 8 shall

be issued with a certificate of appointment as set out in the

Third Schedule and shall produce it upon demand during

the cause of their duties. Register 10. (1) There shall be kept a register for each type

of equipment at workplaces.

(2) Equipments to be kept in the register includes- (a) lifting appliances; (b) pressure vessels; and (c) any other type of equipment as may be

specified by the Authority.

Employer to

provide status of

inspection

Cap. 297

11. Without prejudice to the duties and

responsibilities of the employer as set out in the Act, the

employer shall provide the status of the inspection

conducted by signing the inspection status report form as

set out in the Third Schedule.

General

inspection

procedures

12. An inspector shall conduct general inspection

in accordance with procedure set out in the Fourth

Schedule.



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Intoxication

13.-(1) An employer or user shall not permit any

person who is or who appears to be under the influence of

intoxicating liquor or drugs, to enter or remain at a

workplace. (2) A person at workplace shall not be under the

influence of or have in his possession or partake of or offer

any other person intoxicating liquor or drugs. (3) An employer or user shall in the case where a

person is taking medication, allow such people to perform

duties at the workplace if the side effects of such

medication do not constitute a threat to the health or safety

of the person concerned or other persons at such

workplace. Admittance of

persons 14.-(1)An employer or user shall not permit a

person to enter a workplace where the safety or health of

such person is at risk or may be at risk, unless such person

enters such workplace with the express or implied

permission of, and subject to the conditions laid down by

such employer or user: Provided that the express or implied permission

shall not apply in respect of a person entitled by law to

enter such premises. (2) An employer or user shall, if he deems it

necessary in the interests of health and safety, put up a

notice at every entrance to a workplace prohibiting the

entry of unauthorised persons to such premises without the

permission of the employer or user. Exemption 15. A certificate of exemption issued in terms of

section 103 of the Act shall be signed by the Chief

Inspector or by an officer acting in his stead. Health and

Safety

Committees

16. An employer shall:

(a) make a suitable meeting place available for

the health and safety committee; (b) endorse the recommendations as contemplated



37

in section 11 of the Act or cause such

recommendations to be endorsed by a person

designated by him; (c) ensure that the recommendations as

contemplated in paragraph (b) are kept for a

period of at least three years; (d) ensure protection from discrimination or

retaliation in the exercise of their functions

under the Act; and (e) ensure that the members of the committee are

trained on the duties and responsibilities under

the Act. (2) The health and safety committee members shall

order the shutdown of an imminently dangerous operation

and shall report to immediate supervisor or any other

authorised person. (3)The health and safety committee shall have the

right to conduct collective bargaining on occupational

health and safety matters. (4)The health and safety committee shall be

consulted in occupational safety and health matters. Handling of

Hazardous

Chemical

Substances

17.-(1) Subject to the provisions of section 67 of

the Act, every person who manufactures, imports, sells or

supplies any hazardous chemical substance for use at work,

shall as far as is reasonably practicable provide the party

receiving such substance, free of charge with a material

safety data sheet containing all the information with regard

to- (a) Product and company identification; (b) information on ingredients; (c) hazards identification; (d) first aid measures; (e) fire fighting measures; (f) accidental release measures; (g) handling and storage; (h) exposure control or personal protection; (i) physical and chemical properties;



38

(j) stability and reactivity; (k) toxicological information; (l) ecological information; (m) disposal considerations; (n) transport information; (o) regulatory information; and (p) other relevant information. (2) Notwithstanding sub rule (1), where it is not

reasonably practicable to provide a material safety data

sheet, the manufacturer, importer, seller or supplier shall

supply the receiver of any hazardous chemical substance

with sufficient information to enable the user to take the

necessary measures as regards to the protection and health. (3) An employer shall possess a copy of the

relevant material safety data sheets (MSDs) or a copy of

sufficient information specified in sub-rule (1) for any

hazardous chemical substance for use at work. (3) An employer shall make the relevant material

safety data sheets or sufficient information in plain

language, as stipulated in sub-rule (3), available at the

request of inspector or any authorised person. Witnesses at

formal inquiry 18.-(1) When an inspector is directed to hold a

formal inquiry into an incident in terms of section 8 of the

Act, he shall notify the employer or user concerned, of the

date, time and place, and that their presence shall be

required at the inquiry. (2) The employer or user shall provide the inspector

with the names and addresses of witnesses in order that the

inspector can summon such witnesses. (3)The summons issued in terms of sub-rule (2)

shall be as set in the form 4 of the Third Schedule: (4) The summons under this rule may be served by

any person authorised by the inspector. (4)Save as is otherwise provided in these rules, the

law governing criminal trials in magistrates’ courts shall,

with necessary modifications, apply to obtaining the

attendance of witnesses at an inquiry under these rules.



39

(5)Any inquiry under this rule shall be held in

public: Provided that the presiding inspector may exclude

from the place where the inquiry is held, any person whose

presence is, in his opinion, undesirable or not in the public

interest. (6) The presiding inspector may designate any

person to lead evidence and to examine any

witness giving evidence at a formal inquiry; (7) any person who has an interest in the issue of

the formal inquiry may personally or by representative, put

such questions to a witness at the inquiry to such extent as

the presiding inspector may allow. (8) the following persons may have an interest as

referred to in paragraph (b): (i) any person who was injured or

suffered damage as a result of the

incident forming the subject of the

inquiry; (ii) the employer or user involved in the

incident; (iii) any person who in the opinion of the

presiding inspector may be held

responsible for the incident; (iv) a trade union recognised by the

employer concerned or any trade union

of which a person referred to in

subparagraph (i) or (iii) is a member; (v) any owner or occupier of any premises

where the said incident occurred; and (vi) any other person who, at the discretion

of the presiding inspector, can prove

such interest. (7) An inquiry may, if it is necessary or expedient,

be adjourned at any time by the presiding

inspector. (8) The inquiry adjourned under paragraph (a) may

at any stage be continued by any inspector other than the



40

inspector before whom the inquiry commenced. (8) An affidavit made by any person in connection

with the incident in respect of which the inquiry is held,

shall at the discretion of the presiding be admissible as

proof of the facts stated in that affidavit, and presiding

inspector may, at his discretion, summon the person who

made such an affidavit to give oral evidence at the inquiry

or may submit written interrogatories to him for reply, and

such interrogatories and any reply thereto purporting to be

a reply from such person shall be admissible in evidence at

the inquiry: Provided that the presiding inspector shall afford

any person present at the inquiry the opportunity to refute

the facts stated in such document, evidence or reply. (9) where in the course of any inquiry it appears to

the presiding inspector that the examination of a witness is

necessary and that the attendance of such witness cannot be

procured without delay, expenses or inconvenience which

the circumstances would be unreasonable, the presiding

inspector may dispense with such attendance and may

appoint a person to be a commissioner to take the evidence

of such witness, in regard to such matters or facts as the

presiding inspector may indicate. (10) A person referred to in sub-rule (8) may appear

in person or through a representative. (10) At the conclusion of an inquiry under this

section, the presiding inspector shall compile a written

report of the inquiry. (11) The evidence given in any inquiry under this

section shall be recorded and a copy the inquiry shall be

submitted by the presiding inspector together with his

report to the Chief Inspector. (12) Nothing contained in this section shall be

construed as preventing the institution of criminal

proceedings against any person or as preventing any

authorised person from issuing a warrant of arrest, whether

or not an inquiry has already commenced.



41

Display of

substituted

notices and signs

19. If the provisions of any rule prescribe a

particular notice or sign which must be displayed by an

employer at a workplace or by a user, the employer or user

may, in lieu of the notice or sign, display a corresponding

symbolic sign as contained in a safety standard prescribed

under section 89 of the Act. Compound

offences 20.-(1)-If the employer commits an offence under

the Act, the inspector may compound the offences and

upon the payment of the penalty the inspector shall

produce an offence acknowledgement notice, as set out in

OSHA Form 3, of the Second Schedule. (2) Compound of offences shall include but not be

limited to offences and penalties included in the Second

Schedule. Repeal GN. No

111 of 2001 21. The Factories (Occupational Safety and Health

services fees) Rules are hereby repealed.



42

________________

FIRST SCHEDULE

_____________________

(Made under rule 3 and 7)

WORKPLACES REGISTRATION FEES

Description

S/NO FIRM CATEGORY MICRO SMALL MEDIUM LARGE

Total Liability in

TShs

Up to 5m Between 5m

to 200m

Between

200m to

800m

Above 800m

Number of employees 1 to 4 5 to 49 50 to 99 100 and

above

1 Agriculture, forestry

and fishing

50,000 150,000 300,000 450,000

2 Mining and quarrying 200,000 600,000 1,200,000 1,800,000

3 Manufacturing 80,000 240,000 480,000 720,000

4 Energy and

petroleum

100,000 300,000 600,000 900,000

5 Water supply;

sewerage, waste

management

100,000 300,000 600,000 900,000

6 Construction per

storey built

150,000 300,000 600,000 900,000

7 Wholesale and retail

trade

50,000 150,000 300,000 450,000

8 Transportation and

storage

100,000 300,000 600,000 900,000

9 Accommodation and

food service activities

100,000 300,000 600,000 900,000

10 Information and

communication

100,000 300,000 600,000 900,000

11 Financial and

insurance activities

150,000 450,000 900,000 1,350,000

12 Real estate activities 150,000 450,000 900,000 1,350,000

13 Professional,

scientific and

technical activities

100,000 300,000 600,000 900,000

14 Administrative and 100,000 300,000 600,000 900,000



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support service

activities

15 Public administration

and parastatal

organizations

100,000 300,000 600,000 900,000

16 Education 100,000 300,000 600,000 900,000

17 Human health and

social work activities

50,000 150,000 300,000 450,000

18 Arts, entertainment

and recreation

50,000 150,000 300,000 450,000.0

19 Other service

activities

50,000 150,000 300,000 450,000.0

20 Activities of

extraterritorial

organizations and

bodies

50,000 150,000 300,000 450,000.0



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OCCUPATIONAL SAFETY AND HEALTH GENERAL INSPECTION FEES

General inspection fees shall be charged as 80% of the registration fees annually.

OCCUPATIONAL HEALTH AND SAFETY CONSULTANCY FEE

OHS Consultancy and expert services shall be charged TShs. 450,000 per expert per day.

Reimbursable expenses, travelling and accommodation expenses shall be charged as per the actual

expenses incurred.

OCCUPATIONAL HEALTH AND SAFETY TRAINING FEES

Description

Training on OHS matters shall be charged TShs 150,000 per day for residents and TShs300,000 per

day for non-resident. However, specialized training courses fees will be determined depending

with cost of the courses.

INVESTIGATION OF ACCIDENT AND NEAR MISSES FEES

Description

Investigation of accident and near misses fees shall be charged as TShs. 500,000 per day per expert.

SCRUTINY OF WORKPLACE DRAWING/PLANS FEES

Description

Scrutiny of workplace drawings/ plans shall be charge Tsh.300, 000 per hour per drawing.

OCCUPATIONAL HEALTH SERVICES FEES

Description (per worker) Fees in TShs

Medical Examination Consultation 20,000 per worker

Audiometry 15,000 per worker

Lung function test 25,000 per worker

Vision test 15,000 per worker

Peek Expiratory Flow test 10,000 per worker

Allergy test 25,000 per worker

Patch tests and Laboratory analysis will be charged as per current prevailing costs.

INDUSTRIAL HYGIENE MEASUREMENTS FEES

Description Fees in TShs

Noise measurements per point 60,000

Noise measurements per person 100,000



45

Heat stress measurements per point 60,000

Dust sampling per work point 120,000

Dust sampling per person 60,000

Gas detection per point per gas 350,000

Light measurements per point 60,000

Vibration test per point 200,000

Air current test per point 60,000

Toxic Gas emission measurement per source 200,000

Indoor air quality 200,000



46

ERGONOMICS INSPECTION FEES

Description

Ergonomic inspection fees shall be charged as 80% of the current registration fee.

ELECTRICAL TESTS FEES


Polarity test per point 50,000

Continuity test per point 50,000

Earth resistance test per point 150,000

Insulation test per point 200,000

Electromagnetic field (EMF) test 300,000

INSPECTION OF BOLERS AND PRESSURE VESSELS FEES

Description Basic Fees hydraulic under pressure

test Fees test Fees

Steam boiler above 40ton/hr 800,000 200,000 200,000

Steam boiler between 20 and 40ton/hr 600,000 200,000 200,000




Steam boiler less than 1ton/hr 100,000 80,000 120,000

Each hot water boiler 100,000 100,000 100,000

Each economizer or each super heater 100,000 80,000 80,000

steam jacket vessel of a diameter 100,000 50,000 50,000

Each steam receiver or steam jacket vessel of a diameter

Less than 60cm(steam heater, header, exchanger) 100,000 50,000 50, 000

Each air receiver of a diameter of 75cm or over 100,000 50,000 50,000

Each air receiver of a diameter less than 75cm 100,000 50,000 50,000

Each medical sterilizing boiler (autoclave) of less than

60cm in diameter 100,000 50,000 50,000

Each steam tube oven 50,000 50,000 50,000

Any other pressurised vessel (Tanks) 100,000 50,000 50,000



47

INSPECTION OF LIFTING EQUIPMENT FEES


Passenger lift (per number of persons)

More than 20 persons 300,000

Between 11 to 15 persons 250,000




NB: This inspection will be done twice annually or any time when need arises.



48

POWERED OPERATED CRANES/ HOISTS AND OTHER POWERED LIFT

EQUIPMENT


0ver 100 tons capacity 300,000

Between 70 tons and 100 tons capacity 250,000





Between 1 ton and 5 tons capacity 100,000

Below 1 ton capacity 80,000

Manually operated lifting equipment

Over 5 tons capacity 20,000

Between 1 ton and 5 tons capacity 10,000

Below 1 ton capacity 10,000

INSPECTION OF GAS INSTALLATION FEES


Inspection of Gas installation per station 200,000

FEES FOR OSH RISK ASSESSMENT

OSH risk assessment 450,000 per man

hour

FEES FOR OSH IMPACT ASSESSMENT

OSH impact assessment 450,000 per man

hour

FEES FOR OSH POST TENDER QUALIFICATION

OSH Post tender qualification audit 450,000 per man

hour

FEES FOR APPROVAL OF TRAINING MANUALS

Approval of training manuals 500,000 per manual

FEES FOR OTHER SERVICES


Application fee for private service provider 100,000

Duplicate certificate 50,000

Workplace general register 50,000

Safety sign materialper piece 15,000

Abstract 50,000



49

________________

SECOND SCHEDULE

____________________

(Made under rule 20)

S/N OFFENCES TO BE COMPOUNDED AMOUNT IN TSHS

1. obstruct an inspector in the execution of his duties, Sect 6 (3) ( c ) 1,000,000

2. Safety and Health Reps(1 safety rep for every 100 employees in

offices &shops)

(1 safety rep for 50 employees in a factory) Sect 11

200,000

3. Registration of factories and workplaces (non- registration while

operating) Sect 16

1,000,000

4. Notification of closure or change of occupier or industry (non-

notification) Sect 20

1,000,000

5. Construction after approval of drawings ( construction without

approval) Sect 22

1,000,000

6. Medical Examination (absence of periodical medical examination)

Sect 24

1,000,000

7. Training supervision and research (training to be conducted at

least once every two years, all exposed workers are instructed on

the hazards prevailing, safety measures taken to avoid injury- non

-compliance) Sect 34 (2).

1,000,000

8 Cranes and other lifting machines, (2) examination of the

machines at least once in every twelve months Sect 39

200,000

9. Maximum working load (operation of lifting machines without

training/ competence- (training by a competent authority) Sect 40.

(4) Operation by person under 18 not allowed.

1,000,0000

500,000

10. Register of chains, ropes other lift tackles, cranes etc. ( absence of

register)

500,000

11. Register of chains , ropes other lifting tackles, cranes and other

lifting machines

no register at the workplace of the machines Sect 41

500,000/

12. Reporting on plants due for inspection Sect 42 200,000

13. Safe means of access and safe working place.

(a) all floors, steps, stairs, ladders, covers and gangways are

constructed of sound material and properly maintained;

Sect 43

200,000

Safe floors per floor area 200,000

Steps 200,000

Stairs 200,000



50

Ladders 200,000

Covers 200,000

gangways 200,000

(b) all openings in floors are being securely fenced, or

when not in use shall be kept covered;

200,000

Non fencing or covering of floors 200,000

(c) there are maintained and safe means of access to every

place at which any person has at any time to work;

a handrail is provided

200,000

(d) for every staircase in a structure affording a means of

exit from, if the staircase has an open side,

200,000

(ii)for every staircase having two open sides and shall

be maintained on both sides;

200,000

(e) sufficient clear and unobstructed space shall be

maintained at every machine or plant while in motion to

enable the work to be carried out without unnecessary

risk;

200,000

(f) every teagle opening or similar doorway used for

hoisting or lowering goods or materials, are securely

fenced, and are provided with a secure hand-hold on

each side of the opening or doorway.

200,000

lack of such safe means of access per each place/work

area

200,000

14. non examination of a used steam boiler Sect 47 (6) 1,000,000

Non- compliance in terms of certificate specifying the maximum

permissible pressure

500,000

15. Prevention of fire ( lack of appropriate fire extinguishers and

escape exists) Sect 50.

500,000

16. Supply of drinking water (lack of clean uncontaminated drinking

water) Sect 54

500,000

17. Sanitary conveniences (lack of sufficient sanitary convenience, to

consider invalids, women ) Sect 55.

500,000

18. Washing facilities (lack of appropriate washing facilities) Sect 56 500,000

19. Accommodation for clothing ( to be separate and clean) Sect 57 500,000

20. First Aid (Lack of first aid facilities and medication) Sect 58. 500,000

21. Facilities for sitting (lack of appropriate sitting facilities ) Sect 59 500,000

22. Risk assessment ( lack of report for a period of three years) Sect

60

1,000,000

23. Provision of protective equipment lack of appropriate PPE, per

person Sect 62, 63

50,000/

24. Safety of electrical installations and apparatus lack of electrical

inspection every twelve months Sect 66.

500,000



51

25. Provision of safety data sheet Sect 74 (2)

non-submission to the Chief Inspector

200,000

26. Labelling of hazardous chemicals Sect 75 (b)

Lack of register or list of chemicals in the workplace

500,000

27. Preparation of policy Sect 96.

a) Lack of workplace OSH policy

500,000

b) non display of policy 500,000

28. Notification of incidents or occupational diseases Sect 101 1,000,000

(minimum)

a) failure to submit report within 24 hours 1,000,000

b) failure to submit report within seven days 1,000,000

c) Lack of written report 1,000,000

d) non-submission to the authority 500,000



52

___________

THIRD SCHEDULE

______________

(Made under rule 9)

OSHA FORM 1

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF LABOUR AND EMPLOYMENT

Occupational Safety and Health Authority (OSHA)

CERTIFICATE OF APPOINTMENT OF INSPECTORS

This is to certify that ………………………………………………………………………

(Whose photograph appears below)

Holds the appointment(s) of ………………………………… …………………………….

In the Occupational Safety and Health Authority – OSHA.

………………………………………………

Signature of holder

No. ………………………………………….

CERTIFICATE OF APPOINTMENT

The person named in this certificate hereby authorized to exercise the powers of an inspector as set

out in sections 5, 6 of the Occupational Safety and Health Act, 5 of 2003. This certificate of

appointment shall serve as the authority required by section 4(4) of the said Act.

Date ………………………… …………………………….

…………………………………………... ………………………………….

Chief Inspector



53

OSHA FORM 2




AUTHORISED/APPROVED PLANT INSPECTOR

This is to certify that

………………………………………………………………………………………………

(whose photograph appears below)

Has been Authorized and/or Approved under Section ……………………………………………….

Of the Occupational Safety and Health Act, to carry out the examination, inspection and test of

Plant under the above Sections.

……………………………………………….

Signature of Holder

Certificate No. ………………………..

CERTIFICATE OF APPOINTMENT

In exercise of the powers conferred on the Chief Inspector by Section 4 the person named on this

Certificate is authorized to carry out the inspection and test of plant in all premises coming within

the scope of the Occupational Safety and Health Act, and the owners/Occupiers/Managers of such

premises are requested to afford him/her to carry out duties all reasonable times and such assistance

as is necessary for him/her to carry out duties efficiently.

………………………………….

Chief Inspector

Date …………………………………..

Occupational Safety and Health Authority

P.O. Box ………………………

Dar es Salaam.



54

OSHA FORM 3




OFFENCE ACKNOWLEDGEMENT NOTICE


I …………………………………………….. of ………………………………

………. Do hereby acknowledge and declare that on ………….day of

………….. 20……, was found by one ……………………………………………

…………….…………………………… (Inspector)

In breach of ………………………………………………………………………

…………………………….

I do hereby declare further this acknowledgement is done with sober mind and own volition.

Signed at ………………………….. this day of ……………....................... 20….…

………………………………………. ……………………………………..

NAME SIGNATURE

DECISION OF INSPECTOR

I ………………………………………………………. by reason that the above named person has

acknowledged to have committed a crime/crimes as abovementioned, the said

…………………..………………………. is

hereby required to make payment in sum of …………………………………………………………

The same being ……………………………………………………………………………………….

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

………………………………..Date this …………………………………..………………. day of

……………………………………………….. 20…….



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OSHA FORM 4




ORDER TO ATTEND FORMAL INQUIRY


To: ………………………………………………………………

……………………………………………………………….

…………………………………………………………………

WHEREAS your attendance is necessary to attend a formal inquiry into the incident which has

occurred at your workplace and resulted into the injury/illness or death of

…………………………………….. …………….

You are hereby ordered to see the Chief Inspector at ….…….hours, on the ……………. day of

……………… 20………. at OSHA Headquarters Office situate on Plot No

MWY/KMB/565/Kinondoni, Mahakama road.

…………………………………………….

ISSUED BY CHIEF INSPECTOR



56

OSHA FORM 5




OSHA INSPECTION STATUS REPORT FORM


WORKPLACE IDENTIFICATION NAME AND ADDRESS OF WORKPLACE/DISTRICT

…………………………………………………………………………………………………………

………………………............................................................................................................................

NATURE OF WORK………………………………………………………………….....................

NO. EMPLOYEES…………… WOMEN………………..……. MEN……………………………

OSHA REG. NO…………………DATE OF INSPECTION ……………………………………

TYPE OF

INSPECTION

STATUS NAME OF

INSPECTOR

DATE

1 GENERAL

INSPECTION

2 ELECTRICAL

3 INDUSTRIAL

HYGIENE

4 MEDICAL

EXAMINATION

5 PLANTS INSPECTION

6 ERGONOMICS

7 OTHERS

NAME OF INSPECTOR(S) ……………………………………………………….

SIGNATURE(S)……………………………………………………

DATE………………………………………………………………..

NAME OF WORKPLACE AUTHORIZED OFFICER ……………………………………………

DESIGNATION ……………………………………………………………………………………

SIGNATURE…………………………………………………………………………………………

DATE…………………………………………………………………………………………………

PHONE NUMBER/CELL ………………………………………………………………………….

(OFFICIAL STAMP)



57

_______________

FOURTH SCHEDULE

_________________

GENERAL INSPECTION PROCEDURES

(Made under Rule 12)

PURPOSE:

This practice identifies the key aspects of the Occupational Safety and Health (OS&H)

compliance, and establishes the minimum requirements for employers to fulfill their

responsibilities by cooperating with duly Safety and Health inspectors.

SCOPE:

This practice describes the general requirements for Safety and Health inspectors in

handling any workplace safety and health inspection by OSHA and all inspections

covered under the Occupational Health and Safety Act.

APPLICATION:

This practice applies to all workplaces in mainland Tanzania unless otherwise stated.

GENERAL:

Under the Occupational Health and Safety (OHS) Act of 2003, Safety and Health

Inspector have the right to inspect any workplace in order to determine whether an

employer is in compliance with the Act’s safety and health standards. Compliance

inspections are initiated and prioritized based upon the following criteria:

Imminent Danger of death or serious physical harm.

Workers’ Complaint - the worker’s identity remains confidential, though OSHA is

required to furnish a written copy of the complaint to the employer.

Programmed Inspection.

Follow-up Inspection to determine if previously cited violations have been abated.

OCCUPATIONAL SAFETY AND HEALTH AUTHORITY



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A. PREPARATION FOR INSPECTION

1. Reviewing information on the workplace

Prior to initiating an inspection, Safety and Health Inspector shall identify and review

all information on the workplace to be inspected. The information to be reviewed

include safety and health hazard reports, injury and illness records, previous

inspection reports, and reports of unsafe and unhealthy working conditions, and

complaint of employees (if any).

2. Advance Information prohibited

a. No advance information of intended inspection shall be given to employer by

inspector, unless given express permission to do so by the Zonal Manager.

b. Advance information of an inspection shall only be given when:

(i) an imminent hazard is present so that the employer can take necessary measures

as quickly as possible;

(ii) an inspection has to be conducted after regular business hours;

(iii) Special arrangements are necessary to conduct the inspection, e.g., when it is

necessary for maintenance of security at a correctional facility or for

protecting the safety and health of Inspector when inspecting a correctional

facility.

3. Materials and Equipment to carried

a. Valid Inspector’s Identification Card, Note book, and if possible some indicative

measuring instruments such as noise level meter, lux meter, etc.

b. Inspection Forms

Prior to initiating an inspection, Safety and Health Inspector shall ensure that all

applicable inspection forms are ready to be taken with him/her to the inspection

site.

c. Personal Protective Equipment

(i) Prior to initiating an inspection, Safety and Health Inspector shall ensure that

all appropriate personal protective equipment (PPE) to be taken to the

inspection site is ready and in good working order.

4. Expert Assistance

Prior to initiating an inspection, Safety and Health Inspector shall determine if expert

assistance is necessary to conduct the inspection. If such assistance is needed, Safety

and Health Inspector shall notify the Zonal Manager of the need for assistance. The

Zonal Manager shall arrange, through the Chief Inspector, for the expert assistance to

be provided.



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B. INITIAL CONTACT

1. Professionalism

When conducting an inspection, Safety and Health Inspector conduct themselves as

professional and be cognizant that they represent OSHA at all times.

2. Timing

Inspections shall be conducted during normal business hours unless special

circumstances necessitate otherwise.

3. Presentation of Credentials

Safety and Health Inspector shall identify him/herself to the employer by showing

his/her OSHA Identification Card prior to conducting briefing meeting before

inspection.

4. Consent

a. Safety and Health Inspector shall obtain the permission from employer or

employer’s representative to enter the workplace, unless the workplace is one

which is open to the public, and shall obtain the employer's permission to conduct

an inspection of the worksite prior to beginning an inspection.

b. Safety and Health Inspector shall obtain permission to conduct an inspection from a

management level representative of the employer, or if none is present, from the

employer representative who appears to have authority to grant permission to

conduct an inspection.

c. For inspections of military installations, national parks and government buildings,

Safety and Health Inspector shall identify himself to the management official or

representative at the site and obtain their permission to conduct an inspection.

d. When a management level or other acceptable employer representative is not

present at the workplace, Safety and Health Inspector shall contact the employer

by telephone and request permission to conduct the inspection.

i. If the employer consents to the inspection over the telephone, but does not

plan to come to the workplace to participate in the inspection, Safety and

Health Inspector shall request that the employer designate an individual to

accompany Safety and Health Inspector on the walk-around.

ii. If the employer does consent over the telephone to the inspection, but requests

that Safety and Health Inspector wait for the employer's arrival, Safety and

Health Inspector shall await the arrival of the employer, or a representative of

the employer, but shall do so for no more than one hour. If the employer or



60

his/her representative does not appear at the workplace within one hour,

Safety and Health Inspector shall initiate the inspection.

iii. If Safety and Health Inspector cannot reach the employer after making a good

faith effort to do so, Safety and Health Inspector shall initiate the inspection

and shall document the effort made to obtain the employer's consent to

conduct the inspection on the OSHA Form No. 5.

iv. If the employer refuses to grant permission to Safety and Health Inspector to

enter the workplace or to conduct the inspection, the employer's response shall

be construed as an obstruction.

5. Obstruction

Safety and Health Inspector shall take with him/her any assistant or police officer

and notify the Zonal Manager of any obstruction. The Zonal Manager shall notify the

Legal Unit, through the Chief Inspector, of the obstruction, and the Legal Unit shall

provide assistance in obtaining a summons or in taking other appropriate legal

action.

6. Safety and health orientation programme

In a situation where employer has set up safety and health orientation programme,

employer shall conduct the orientation programme to Safety and Health inspector

before entry to the workplace.

C. BRIEFING MEETING BEFORE INSPECTION

1. Management Representation

a. A briefing meeting before inspection shall be conducted with the employer, or the

employer’s representative of the employer available at the workplace to be

inspected.

b. If an inspection is being conducted because of an imminent danger, Safety and

Health Inspector, after identifying himself/herself to the nearest available

representative of the employer, ask to be taken to the imminent danger

immediately. After workers have been removed from exposure to the imminent

hazard, Safety and Health Inspector shall conduct a briefing meeting before

inspection.

2. Joint Employer-Employee briefing meeting before inspection

Safety and Health Inspector shall hold a joint briefing meeting before inspection with

the employer, or his or her representative, and workers’ representative(s). When it is

not possible to hold a joint briefing meeting before inspection, Safety and Health

Inspector shall hold separate briefing meetings before inspection when appropriate.



61

3. Multi-Employer Workplace

a. Construction sites

i. After entering the site, Safety and Health Inspector shall make contact with

the highest ranking representative of the main contractor present at the site

and ask about the presence of sub-contractors currently working at the site on

the day of the inspection.

ii. Safety and Health Inspector shall notify any sub-contractor working at the

site, who is also to be inspected, of the briefing meeting before inspection, and

allow not more than 30 minutes, to provide a representative to attend the

briefing meeting before inspection.

iii. Safety and Health Inspector shall document the names, addresses and

activities of each employer involved at the multi-employer site. If any

hazard(s) are present at the multi-employer site, Safety and Health Inspector

shall determine if any of the employers involved at the multi-employer site

have exposed their workers to the hazard(s), created the hazards, failed to

implement control measure, and any employer who, by contract or practice,

controls the multi-employer site.

b. Other Multi-Employer Workplaces

At non-construction multi-employer workplace, Safety and Health Inspector shall

notify each of the employers who are present at the worksite, and who will also

be inspected, of the briefing meeting before inspection and allow not more than

30 minutes, to provide a representative to attend the briefing meeting before

inspection.

4. Briefing meeting before inspection

a. Briefing meeting before inspection may be conducted at the employer's workplace

with the employer physically present or may be conducted at the workplace with

the employer telephonically present.

b. The following contains the essential items Safety and Health Inspector need to

include in a briefing meeting before inspection. The order in which the items are

covered, or the addition of other items, is the responsibility of the inspector. The

items include:

(1) Show his/her credentials to the employer;

(2) Explain the purpose and scope of the inspection. When communicating the

purpose and scope of the inspection, Safety and Health Inspector shall take

care not to reveal to the employer the identity of the complainant(s) or any of

the complaint item(s) because disclosure of the complaint items may identify

the complainant to the employer.



62

(3) Explain to the employer responsibilities of OSHA in general terms, and

present to the employer any informational materials about duties and

responsibility of OSHA;

(4) Ask the employer to present the following for verification:

i. Certificate of registration by Chief Inspector

ii. Current OHS Compliance license

iii. Name of the enterprise’s (full time or part time) designated office

dealing with OHS issues including first aid.

iv. Enterprise Occupational Safety and Health policy

v. Composition of safety and health committee

vi. Minutes of the last safety and health committee meeting

vii. Current Risk assessment report

viii. Last inspection reports

ix. Reports of specialised inspections/examinations, i.e. boilers, crane,

electrical, medical fitness examination, etc

x. OHS training reports

xi. Accident investigation reports

(5) Inform the employer about the workers’ rights, or their representative,

i. have to make a complaint to OSHA about workplace safety and health

hazards,

ii. to be allowed by the employer to participate in the walk-around part of

the inspection,

iii. to be interviewed by Safety and Health Inspector out of the presence of

the employer,

iv. to be free from being disciplined by the employer for participating in

the inspection,

v. to be notified of toxic substance exposure and to be informed of any

corrective action taken.

(6) Inform the employer about the inspection walk-around procedures,

i. that worker interviews will be conducted during the walk-around,

ii. that photographs of the workplace may be taken during the walk-

around, and, if hazards are observed during the walk-around,

iii. that improvement notice or prohibition notice may be issued and

compounding of offences penalties may be proposed even if the

employer is a public sector entity;

(7) Arrange for an employer and workers’ representative to accompany during

the walk-around.

(8) Review the employer's Injury and Illness Prevention Program (if any) and

request a copy of the Program to review at a later date.



63

(9) Request and verify that the employer maintains the register of work-related

illness and injuries, workers’ injuries or illnesses notification form;

(10) Ask the employer if any specialized PPE equipment is needed by Safety and

Health Inspector to conduct the inspection; and

(11) Ask the employer for consent to proceed with the walk-around part of the

inspection.

c. Safety and Health Inspector shall ensure that the time between the briefing

meeting before inspection and the initiation and completion of the walk-around

portions of the inspection is brief enough.

D. WALK-AROUND

1. Scope

The scope of inspection may be full inspection where inspector looks for every thing

or partial where the inspector looks only at a specific item. After the briefing meeting

before inspection and while conducting the walk-around, Safety and Health Inspector

may expand the scope of an inspection from partial to full inspection if workplace

conditions or workers’ comments suggest the need for a full inspection. Safety and

Health Inspector shall document the reasons for expanding the scope from a partial

inspection to a full one.

2. Workers Participation in the Walk-around

a. Safety and health representative(s) shall accompany Safety and Health Inspector

during the walk-around.

b. Where there is no safety and health representative at the inspected worksite, Safety

and Health Inspector shall consult with a representative number of the workers

concerning matters of workplace safety and health.

c. If a translator is needed to effectively communicate with workers, Safety and

Health Inspector shall secure a reliable translator. Safety and Health Inspector

shall not use the employer, or a representative of the employer, as a translator.

However, other workers may be used as translators.

3.1. Walk-around - The following are minimum items Safety and Health Inspector

need to include in a walk-around.

(a) Perform a complete and effective walk-around consistent with the scope of the

inspection.

(b) Interview a representative number of workers and record their names, job title,

addresses, and telephone numbers.



64

(c) Take any pertinent photographs of the workplace, including photographs of any

materials, processes or equipment, but shall not disclose trade secret to

employer’s competitor;

(d) Collect pertinent documentary and physical evidence. If during the investigation

of an accident or occupational illness it is necessary to ensure that the

workplace, or physical evidence located at the workplace, are preserved until the

inspection is completed.

3.2. During the inspection, Safety and Health Inspector and the experts shall coordinate

their activities in conducting the inspection. Experts hired by the OSHA as

consultants for assisting with the particular inspection shall be accompanied at all

times by Safety and Health Inspectors conducting the inspection.

E. BRIEFING AFTER INSPECTION

1. No Violations Observed

If Safety and Health Inspector are certain that no violations were observed during the

walk-around and that no any Notice will be issued, Safety and Health Inspector shall

inform the employer that no violations were observed, and that, after approval by the

Zonal Manager, a compliance licence shall be issued to the employer.

2. Violations Observed

If violations are observed during the walk-around, Safety and Health Inspector may

issue improvement or prohibition notice or compounding offences in the "field"

without Zonal Manager review and approval, and Safety and health inspector my

revoke or restrict the issuing of the next compliance licence until the violation(s) are

cleared.

3. During the brief after inspection, Safety and Health Inspector shall provide the

employer, or the employer's representative with:

(a) A preliminary report about any violations observed during the walk-around;

(b) Information about any recommended interim corrective action(s).

F. REPORT OF INSPECTION

1. After the inspection, the inspector shall write a comprehensive report and submit

to employer and copies to Zonal Manager and Chief executive.

2. The report shall contain recommendations pointing out the need to conduct OHS

programmes such as medical surveillance, environmental monitoring, biological



65

monitoring or workplace risk assessment depending on the hazards found in the

workplace.

3. All findings, conclusions and recommendations of experts shall be included in the

inspection report.

G. FOLLOW-UP INSPECTIONS

1. A return visit by the Safety and Health Inspector may be made at any time after

the initial inspection. This inspection may be conducted to verify:

Violations as noted in the citation have been corrected,

Workers are adequately protected during the abatement period, and

appropriate administrative or engineering abatement steps have been taken.

2. If a return visit occurs and the Safety and Health Inspector finds that abatement

has not been completed by the designated abatement date, Safety and Health

Inspector may issue prohibition notice or compound offences for each citation

concerned or notify to Zonal manager. The Zonal Manager shall notify the Legal

Unit, through the Chief Inspector, of the non-compliance, and the Legal Unit

shall provide assistance in obtaining a summons or in taking other appropriate

legal action

Dar es Salaam, GAUDENTIA M. KABAKA

20th

February, 2015 Minister for Labour and Employment

g.n. no. 149 (contd.) government notice no. 149 published …tanzania.eregulations.org/media/general...

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